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Gasser Final Notes.docx

12 Pages

Course Code
COMM 315

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CONTRACTS p 77This course is about obligationsThere are only three ways to be obliged1 The laweg 2 you have to come to someones aid2Contracts another way you can be obliged to do something but you have to consent3Civil liability Only two types of obligations1To do2Not to doDifferent types of contract1Employment contracts2Mandate contracts1378 Different contract categories1379 Adhesion contractone party has no possibility to negotiateoeg pay the set price for an airline ticketBut failure to negotiate doesnt mean its a contact of adhesionIf not adhesion then Mutual Party contractparties negotiate 1380 Synallagmatic Bilateral contractobligations arise on both sides of equationoegsell Lada for 10k both sides have obligations one delivers the car the other paysUnilateral contractonly one party has an obligation oeg will donations1381 Onerousmoney involvedGratuitousfor free1382 Communicative contractyou know the exact terms of the contractoeg in March I sign a contract with my apple producer to100 bushels of apples100bushel in SeptemberAleatory contractrandom I dont know the full extent of my obligations in September oeg I will buy as many bushels as you can produce 100bushel I dont know how much Ill spendIll be able to calculate in September1383 Instantaneous performancea onetime dealSuccessiveeg a lease dont pay full 12 months up front execute monthly Special1384 Consumer contractcontract between one consumer and one merchantNot consumerconsumer or merchantmerchant1385 A contract needs Consent between LPs Relative Nullity if absent can vitiate or ratifywith Capacity to contractand Cause Absolute Nullity if one of these absent as if contract never existedand ObjectImpossible to ratifyand Form if necessary1386 Consent can be express or tacit acceptance of a person to offerors contractmeeting of the mindsDoesnt need to be written your words your employees words bind youBut 1394 silence doesnt imply acceptance1387 Contract officially formed when offeror receives acceptance doesnt matter how acceptance is received1388 Unless otherwise stated the offer exists indefinitely1390Time limits and revoking offerIf theres no time limit you can cancel revoke it at any time before receiving acceptanceIf term is attached once time limit is up the offer is immediately terminated but cannot cancel offer before term expiresHow to revoke with determined timelineGet offeree to make a counteroffercancels everything before that1397 Selling the Lada to one person when an open offer was already made to another person before second offeree gets the Lada but the first offeree can sue the offeror Consent1398 Only LPs capable of binding themselves may consent to contracteveryone allowed to contract for basic necessities of lifeCapacity determined by age buto18 can contract for sale relative to 1406 restrictionoMinors 1417 can contract for employment some restrictions to timelengthCapacity also determined by whether under protective supervision classic caseAlzheimers Regimes of protective supervision1 Lowest levelregime where appoint a Requires a representative who will contract anything of value court 5kjudgment 2Tutor levelloses all rights to contractonly loses capacity at 3Curator Leveltwo typesjudgment IPerson IIEstate
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